In July, a new bill imposed stricter rules for manufacturing and advertising marijuana in Florida. The bill also updated background check regulations for cannabis industry employees. These changes intend to prohibit recreational cannabis promotions through messages or products.

The Governor of Florida approved HB 1387 in May to change the statewide medical cannabis law. This bill would significantly affect the market if adult use of marijuana becomes legal in Florida. It prohibits cannabis manufacturers and retailers from advertising products that might appeal to children. The bill also bans advertisements encouraging the public to use marijuana for recreational purposes. Before HB 1387’s encompassing regulations, Florida restricted manufacturers and retailers from advertising infused edibles only.

Unfortunately, the law does not define what counts as promoting recreational use. In addition, this legislation could conflict with a proposed constitutional amendment that would legalize adult use. This conflict may happen if the amendment reaches the ballot and receives approval from voters.

Should the voters approve a constitutional amendment, HB 1387 could impede the lawful marketing of cannabis products. The courts may strike this law down if it violates a new constitutional amendment protecting the right of adults to consume cannabis. Regardless, employers should note how the bill’s considerable changes affect businesses and employees in the medical marijuana industry.

HB 1387 clarifies that certain exemptions for employment background screening do not apply to those working in the medical marijuana industry. The bill outlined these exemptions of disqualification under s. 435.07. It exempts those with disqualifying records for the following conditions:

• Felonies that have elapsed at least three years since the completion of the sentence
• Misdemeanors since the completion of any sentence
• Felonies that have since become misdemeanors under statutes
• Findings of delinquency that would have become felonies if committed by an adult

The new law also expanded background screening requirements in Florida. These regulations now encompass all Certified Marijuana Testing Laboratory employees, managers, and owners. As a result, the law requires the Department of Florida to collect background information on these workers. This step would ensure compliance with the new background screening regulations.

As regulations regarding marijuana rapidly evolve, employers should review their hiring policies for marijuana and background checks. Working with an experienced background screening provider is the best way to start. The right partner can ensure employers comply with evolving regulations and deliver accurate background checks. In addition, the right partnership will enable employers to make well-informed hiring decisions.

JDP makes background checks easy and reliable. Speak with a sales representative today.

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The Governor of Florida recently vetoed the criminal justice reform bill, House Bill 605 (HB 605). This veto is a surprise due to the state’s House and Senate support. It remains unclear why he vetoed it.

Had the governor signed it, HB 605 would have amended the Florida statute concerning the expungement of criminal history records. In addition, it would have addressed the statute’s limitations or individuals seeking expungement after sealing another record within ten years. Modifying the existing legislation would have significantly impacted Florida’s eligibility criteria for expungement.

Under HB 605, individuals could qualify for expungement if:

“An indictment, information, or other charging document was filed or issued in the case giving rise to the criminal history record, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction, unless such dismissal was pursuant to s. 916.145 or s. 985.19, or a judgment of acquittal was rendered by a judge, or a verdict of not guilty was rendered by a judge or jury.”

Otherwise, they would qualify if:

“The person has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.059, former s. 893.14, former s. 901.33, or former s. 943.058, unless: 

1. Seeking expunction of a criminal history record previously sealed for ten years under paragraph (h), and the record is otherwise eligible for expunction; or 
2. The approval of one prior expunction for a criminal history record for an offense committed as a minor and the record is otherwise eligible for expunction. This subparagraph does not apply if the prior expunction was for an offense when the minor receives a charge as an adult. The requirement to seal the record for at least ten years under paragraph (h) does not apply to this subparagraph.”

They would also need to obtain a Certificate of Eligibility before petitioning the court to expunge the criminal history record.  

Despite the governor’s decision not to sign the bill, his senior staff members expressed their willingness to discuss it further. They expressed an interest in collaborating with Rep. David Smith on refining the bill’s language before the 2024 legislative session. The involved parties have expressed hope to have it signed next year.

Until then, employers should take this time to adopt second-chance policies. They can establish these policies by working closely with a reputable background check provider. The right partner will utilize their expertise to deliver fair and accurate reports.

Background checks are made easy with JDP. Ask any questions you may have and learn more by contacting a sales rep today.

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